What factors must be considered in determining whether an individual with a communicable disease that is a disability is otherwise qualified for the job? Does the employer still have a defense in case he or she terminates an employee based on such a disability?
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What factors must be considered in determining whether an individual with a communicable disease that is a disability is otherwise qualified for the job? Does the employer still have a defense in case he or she terminates an employee based on such a disability?
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- What are the legal requirements for terminating employees and handling disputes in the workplace? How can you protect yourself and your business from liability in these situations?Assume the following hypothetical situation: A company is being sued for negligent hiring. They hired an employee who at the time of recruitment disclosed verbally and stated in writing about their prior drug addiction. They have successfully completed a rehab program. Was this a negligent hire? Why or why not? If the employee came to work one day under the influence but no one noticed and the employee ran a hand truck into a customer causing injuries, was this a negligent hire? Why or why not? Ignoring the information from Question B, how do you reconcile not hiring a recovering addict for safety concerns with this from the EEOC? "Current illegal drug use is not protected, but recovering addicts are protected under the ADA." According to the EEOC's manual, "Persons addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination on the basis of…How do you explain policy and procedure for the employee's separation by retirement, disability, and death?
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- You are caught in the middle of a dilemma. You have been subpoenaed to be a witness in a work-related sexual harassment case involving your boss and a coworker. On many occasions, you heard your boss make statements to his employee that could be interpreted as sexual advancements. Your boss has made it clear that he will make things difficult for you at work if you testify in favor of the employee. You could choose to testify in a manner that would make it appear that your boss was not serious and that the employee was overreacting. On the other hand, it was clear to you that your boss was not joking with the employee and that he was not joking with the employee and that was harassing her. What kind of repercussions could there be if you testify in favor of your coworker? Would you be willing to risk those repercussions? Does it really matter if the case is dismissed because of your testimony?Examine the concept of "employment at will" and the public policy exceptions to it. How does it fit with the issue of "wrongful discharge?" Support your claim with one or two scholarly sources.How many of the following are not a "tax" death benefits dependant of a deceased person: the deceased person’s spouse the deceased person’s former spouse the deceased person’s child under 18 years of age any person with whom the deceased person had an “interdependency relationship” just before he or she died; and any person who was financially dependent on the deceased just before the deceased person died? 0 1 2 3 4 5
- Do all States recognize the "Employment-At-Will" doctrine? If not, what doctrine is recognized the State(s) that do not recognize the "Employment-At-Will" doctrine?Under what circumstances should employees be ineligible for public or private disability and life benefits? Discuss the rationale for your answer. Are the expenses associatedListen This right is implied in the Constitution (9th and 14th Amendment) and is one all healthcare organizations and professionals must be aware of to avoid lawsuits and comply with HIPAA standards. fraud invasion of privacy negligence assault and battery